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New Jersey Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for New Jersey on
Q: What’s the process of filing for a divorce in Union County NJ. Timelines, pricing etc. thank you
Richard Diamond
Richard Diamond answered on Nov 19, 2021

I dont want to come off disrespectfully, but no lawyer can answer the question without having a clear understanding of the issues outstanding to help determine a fair timeline for resolution of your case. As a simple example, if you and your spouse have a clear written agreement resolving all... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Does signing over the title to a tow yard cover the tow fees as well as impound fees in nj also
Stuart Nachbar
Stuart Nachbar answered on Nov 19, 2021

Not always. It really depends on what the salvage value is and what they get for it. Read the fine print of anything they give you as it should explain what you may be liable for once you give them title. Make sure to get your plates back

1 Answer | Asked in Criminal Law for New Jersey on
Q: I just got hit with a 2c:29-1A someone called in that i was pulling handles on cars and we see dt and started running

They only charged me with obstruction this is my first charge over 18 do you think I'll do some time?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2021

Maybe it will all depend on how bad your juvy record is and whether you are still on probation for any of those charges. You got really lucky that you only got that charge.

1 Answer | Asked in Family Law for New Jersey on
Q: Dependent turns 23 halfway through 5th College year. How likely is Court to order College payments through the year

New Jersey Divorce. Settlement agreement stipulates and we have been splitting College payments 60/40. Dependent daughter unexpectedly has to take an extra (at least) college year, agreement makes no provision for extra College year and she turns 23 in January. I have no contact with her and want... Read more »

Bari Weinberger
Bari Weinberger answered on Nov 18, 2021

Thank you for your question. Your Final Judgment of Divorce or (if your case settled) Marital Settlement Agreement should have a definition of emancipation within it. Often the definition will say the child support is not to extend past the child's 23rd under any circumstance and if the said... Read more »

3 Answers | Asked in Bankruptcy and Civil Litigation for New Jersey on
Q: civil case, if plaintiff doesn’t disclose any discovery 30 days past the discovery due date does the case get dismissed?

Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January

Timothy Denison
Timothy Denison answered on Nov 18, 2021

Not necessarily. Depends solely upon the FDA acts of the case and the judges interpolation of them.

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for New Jersey on
Q: Is it a breach of fiduciary duty if an estate administrator quick sells two properties for less than they are worth?

My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 17, 2021

You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... Read more »

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: How can I go about getting an inventory of assets on my late mother? How can I find out if she owns any property?

I am the fiduciary for my late mothers estate. I have a Limited Letter of Administration for a lawsuit in regards to my mother (9/11). Now I getting calls from people asking if I am selling my mothers property, which is a house in the Bronx. I knew nothing of this until the calls. Now I need to... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 16, 2021

To begin contact a title agency and ask for a property search. As for personalty, check any checking accounts , review prior year tax returns, go through the mail, search pockets in clothes that are in her home, ask people who were familiar with her.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for New Jersey on
Q: I signed arbitration agreement when buying new car at dealership. It states that all claims and disputes must be

resolved through arbitration in accordance with AAA rules. However, in AAA Consuner Rules, R-9. 'Small Claims Option for the Parties' reads as 'If a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 16, 2021

Yes, you may proceed with filing a small claims action against the auto dealership. However be sure to follow what requirements or stipulation the AAA requires in order to proceed with filing a small claims court action.

1 Answer | Asked in Contracts for New Jersey on
Q: Approximately how long does it take to get a docket number for a civil case over $30K?

Thank you so much for you time? The case is Pro Se against my mortgage servicer- I filed electronically in Essex County NJ Civil

Wondering too what is best way to deliver the defendant’s paperwork - priority mail, FEDEX or service processor. My apologies - I hope the 2nd question is... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 16, 2021

Trying to represent yourself in a mortgage foreclosure defense case against trained mortgage foreclosure attorneys is not going to work out well. You need to really retain an experienced mortgage foreclosure defense and bankruptcy attorney. Failure to do so is a virtual guarantee of losing your... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can a New Jersey cop pull you over and give you a ticket for not having a horn or bell on your bicycle
Toshinori Isoai
Toshinori Isoai answered on Nov 15, 2021

Yes. In NJ, a bell or other warning device is required for a bicycle N.J.S.A. 39:4-11.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How can I interprate 2021NJ law Section 39:4-56.1 B
Stuart Nachbar
Stuart Nachbar answered on Nov 15, 2021

The statute says: No person shall willfully abandon a vehicle upon the public highways, bridges or tunnels of this State, or upon any highways, bridges or tunnels in this State operated by any authority of this State or by any authority created jointly by this State and any other State for the... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Is it possible to get a aggravated assault charge dropped?

Due domestic violence with my fiancé.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 13, 2021

The answer is yes it is possible as anything is possible, but it will depend mostly on the facts of your case, what defense can be applied to get you the result that you want and how good of a lawyer you hire.

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3 Answers | Asked in Criminal Law, Divorce and Family Law for New Jersey on
Q: Can you be around an individual who was granted a final restraining order by the court?

My friend's ex-wife has a final restraining order against him. Their daughter will be getting married next year and he wonders if he will be able to attend and walk her down the aisle.

Richard Diamond
Richard Diamond answered on Nov 12, 2021

The short answer is that without a consent order permitting both of them to be at the same function together, it is a violation of the restraining order and he can be arrested and criminally charged. My suggestion is that he ( through counsel or through a mutual acquaintance) reach out to the ex... Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: Can you be Sued over an Estate 5 years after the death of a Parent. Their was No Will, Power of Attorney or Executor
Morris Leo Greb
Morris Leo Greb answered on Nov 11, 2021

The statute of limitations for filing a complaint varies depending on the cause of a action. I the claim is based on a personal injury, the answer most likely is no. If the cause of action involves a contract or monetary dispute, the answer most likely is yes.

4 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can I be issued 2 tickets for same offense on same day?

Received a ticket for parking too close to a fire hydrant at 4:48 am which I paid. Then just received a notice for another ticket, which apparently was issued at 8:16 am the same day. I did not receive this ticket and was not even aware of it until today. Do I have to also pay this one?

Stuart Nachbar
Stuart Nachbar answered on Nov 10, 2021

You should double check with the Court to make sure not a double listing. If not, it is possible to get 2 tickets for the same non moving violations. If that is the case, please pay same

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1 Answer | Asked in Family Law for New Jersey on
Q: i have a question about name change in new jersey

My birth certificate has a first , middle and last name. I have always used my middle name as my given name. I am now having problem with an institution that is insisting on using my first name on my birth certificate as my given name and only a initial for my middle on very important documents.... Read more »

Richard Diamond
Richard Diamond answered on Nov 10, 2021

I understand your inquiry but in filling out the forms for the institution, your first name will be identified as "S" and most forms only list the middle as an initial, so the document obtained from this institution may end up looking like S M Doe. Maybe the solution is to hyphenate your... Read more »

3 Answers | Asked in Bankruptcy for New Jersey on
Q: Will my credit be destroyed for 7 years if my brother Sells the house that I co-signed for him through bankruptcy?

So my older brother has filed bankruptcy on a house that I co-signed for, he is planning on selling the house Once the bankruptcy go through.

I would like to know if I need to hire an attorney and If I am entitled 1/2 of the sale of the house Once it is sold. And will my credit be messed... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 9, 2021

You get proceeds if you are on the deed. If you are just on the loan, you are not on title and get no proceeds. However, the defaulted loan will very much impact your credit. It already has.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Hi. I just received intent to foreclose notice on Dec 9th from Wells Fargo for the amount of 17191.00. I was in

Forbearance for 18 months of pandemic related job loss. Now I'm about to lose unemployment. I have almost half of the amount of 17000 to put towards that back payments. What should I do. I have crypto investments that just started giving me monthly awards but no 9-5 employment

Leonard R. Boyer
Leonard R. Boyer answered on Nov 8, 2021

If you are a New Jersey resident, then you really need to retain an experienced New Jersey mortgage foreclosure defense and bankruptcy attorney. This requires a high level of expertise. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of... Read more »

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed chapter 13 it was dismissed so I filed 13 again that was dismissed so I filed chapter 7 it was accepted but home

Still sold is something I can do to get home back

Justin M. Gillman
Justin M. Gillman answered on Nov 8, 2021

This depends greatly on the timing and more specific review of the legal issues involved.

The Chapter 7 Trustee likely chose to "abandon" the trustee's interest in the property due to a lack of equity. When certain documents were filed and a discharge entered, depending...
Read more »

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2 Answers | Asked in Contracts for New Jersey on
Q: Can we get our deposit back from a contractor who has not started project when promised?

We entered into a large contract for a backyard renovation over a year ago. A start and end date estimate were included in the contract but we are many months beyond those, with no physical work having been started. We know he obtained a survey and hired an architect shortly after the contract... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 7, 2021

Yes. Also, fact dependent, you may be able to recover treble damages and legal fees. Speak to an attorney who is familiar with consumer fraud matters.

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